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HomeMy WebLinkAboutContract 36731 CITY SECRETARY CONTRACT NO. 1 STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered .into this day of bet. /$ , _pj, by and between Westpoint DFW Apartments Limited Partnership, acting by and through NT 101 Development 2006, General Partner, hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter referred to as "City". WITNESSETH WHEREAS, the Landowner is the owner of certain real property described as an approximately 14.838 acre tract located in the J.W. Oxford Survey, Abstract 1201 and G. White Survey, Abstract 1751 , Tarrant County, Texas according to the deed recorded in Volume 15539, Page 434, Deed Records, Tarrant County, Texas, hereinafter called the "Property". WHEREAS, the Landowner is proceeding to build on and develop the Property according to the Site Plan/Subdivision Plan known as Wynhaven at Westpoint hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and the Landowner provides for management of storm water within the confines of the Property; and; WHEREAS, the City and the Landowner, and their successors and assigns, agree that the health, safety and welfare of the residents of the City of Fort Worth, Texas require that on-site Storm Water Management Facilities be constructed and maintained on a portion of the Property; and; WHEREAS, the City requires that on-site Storm Water Management Facilities ("Facility") as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, the location and dimensions of which is shown and more particularly described by metes and bounds in the attachedviit Property"); and; iCIE ` �U °..�Ti C'�n tj STORM WATER FACILITY MAINTENANCE AGREEMENT `) 5 1 1 —0 v P 12'2 7 IN Rev.01/09/2007 NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: 1. The Landowner, its successors and assigns, shall adequately construct and maintain the on-site Storm Water Management Facility ("Facility") at no expense to the City of Fort Worth in accordance with the design specifications for the Facility, attached as Exhibit`B", and the current standards then in force and effect in the City of Fort Worth and with the Operations and Maintenance Plan attached to this Agreement as Exhibit "C". The Storm Water Facility includes all pipes, channels or other conveyances built to convey storm water to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the storm water. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. The Storm Water Structural Control Maintenance Checklists, attached to this Agreement as Exhibit "D", are to be used to establish what good working condition is acceptable to the City. 2. The Landowner, its successors and assigns, shall inspect the Facility and submit an inspection report to the City annually. The purpose of the inspection is to assure safe and proper functioning of the Facility. The inspection shall cover the entire Facility, berms, outlet structure, pond areas, access roads, etc. Components of the Facility, which need maintenance or replacement to perform their design function, shall be noted in the inspection report along with the corrective actions to be taken. 3. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Facility Property whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The City shall provide the Landowner, its successors and STORM WATER FACILITY MAINTENANCE AGREEMENT 2 Rev.01/09/2007 assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 4. In the event the Landowner, its successors and assigns, fails to maintain the Facility in good working condition acceptable to the City, the City, its authorized agents and employees, may enter upon the Facility Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Facility, and in no event shall this Agreement be construed to impose any such obligation on the City, such obligation is Landowner's. 5. The Landowner, its successors and assigns, will perform the work necessary to keep the Facility in good working order as appropriate. In the event the City pursuant to this Agreement,performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. In the event that Landowner or its successors or assigns fail to pay the City for the costs incurred under this section, the City shall impress a lien for the costs of such work upon other lots owned by the Landowner. Such lien shall be perfected by filing in the office of the County Clerk of Tarrant County, Texas an affidavit identifying the property to be charged with such lien, stating the amount thereof, and making reference to this Agreement. 6. This Agreement imposes no liability of any kind whatsoever on the City. THE LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER COVENANT AND AGREE AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, STORM WATER FACILITY MAINTENANCE AGREEMENT sup" Rev.01/09/2007 3 it. LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE FAILURE OF OWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITITY PROPERTY TO MAINTAIN THE BED AND BANKS OF THE DETENTION POND IN ACCORDANCE HEREWITH, OR AS A RESULT OF ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) FLOODING OF THE POND AND ITS BANKS, (2) SLOPE FAILURE OF THE BANK OF THE POND, AND (3) AND FAILURE OF THE POND AND ITS BANK TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA TO PERFORM ANY OF ITS DUTIES OR OBLIGATIONS HEREUNDER. 7. Landowner covenants and agrees that no habitable building shall be erected within the drainage easement outlined on Exhibit "A" but this paragraph shall not preclude construction of other improvements within the drainage easement, which do not impede drainage. Landowner covenants and agrees that no habitable building shall be erected on the above property abutting such easement which shall have a finished floor at an elevation less than two feet above the maximum depth of water in the detention pond which would occur during a 100 year frequency flood. 8. This Agreement shall be recorded among the land records of Tarrant County, Texas, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. STORM WATER FACILITY MAINTENANCE AGREEMENT Rev.01/09/2007 4 Executed this day of Nt -. 2007. Landowner: City: Westpoint DFW Apartments City of Fort Worth Limited Partnership By: NT 101 Development 2006, G.P. LLC, its general partner Name: I Ffifi ,4lvDO eo-f 714, 4,r r/A,*6, Title :q(G� _ Assistant City Manager Approved as to Form and Legality 10. &,24 Assistant Pity Attorney ATTEST City Secretary Contrac zhorizAtion Date STORM WATER FACILITY MAINTENANCE AGREEMENTu v'S�j 5 � Rev.01/09/2007 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me onD by rVAA,,AN100 rVi7n Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort WortHETTh. IE Lf1N„-._`._.�C MY COMMISSION EXPIRES July°s;• Notary Public, State of Texas STATE OF TEXAS § "" "' `�o1�,NYPbB�ipi CHERYL BROWN Notary Public,State of Texas COUNTY OF TARRANT § =•� ry` My Commission Expires ��''%;;��;;�' July 21,2010 Before me, the undersigned authority on this day personally appeared a all CL4 , known to me to be the person hose name is subscribed to the foregoing instrument and acknowled d to me that the s me is the act of AW io1- 40 �9uo Cdnd that he executed the same as its GO dt>C�lel T-�b�S—td.N�ff� �ii/EISdtgq Vice wand as the act of such yw,_M , n for the purposes and consideration expressed in the foregoing instrument. Notary Public, Sta of fexas STORM WATER FACILITY MAINTENANCE AGREEMENT 6 Rev.01/09/2007 EXHIBIT A DETENTION POND EASEMENT SHEET 1 OF 3 BEING all that tract of land in the City of Fort Worth, Tarrant County,Texas, a part of the B.B.B. & C. RAILROAD COMPANY SURVEY,ABSTRACT NUMBER 219, a part of the G. WHITE SURVEY, ABSTRACT NUMBER 1751, and being apart of that 14.838 acre tract of land described in Deed to Westpoint DFW Apartments Limited Partnership as recorded in Clerk's Document Number D207414790,Tarrant County Deed Records, and being further described in two (2)tracts as follows: TRACT 1 COMMENCING at a one-half inch iron rod found at the northeast corner of said 14.838 acre tract, said point being the southeast corner of that 25.527 acre tract of land conveyed to John B. Foster as recorded in Volume 15662,Page 414, Tarrant County Deed Records, said.point being in the west right-of-way line of Interstate Highway 820 (variable width right-of--way),from which a TX DOT monument found for corner bears South 14 degrees 42 minutes 50 seconds West, 852.79 feet; THENCE South 14 degrees 42 minutes 50 seconds West, 182.36 feet along the west right-of-way line of said Interstate Highway 820 to a point for corner; THENCE North 75 degrees 17 minutes 10 seconds West,20.00 feet to the POINT OF BEGINNING; THENCE South 14 degrees 42 minutes 50 seconds West, 179.04 feet to a point for corner; TI-IENCE North 75 degrees 08 minutes 23 seconds West,90.38 feet to a point for corner; THENCE North 14 degrees 51 minutes 36 seconds East, 155,18 feet to a point for corner; THENCE East, 93.04 feet to the POINT OF BEGINNING and containing 15,068 square feet or 0.346 acre of land. TRACT 2 COMMENCING at a one-half inch iron rod found at the northeast corner of said 14.838 acre tract, said point being the-southeast corner of that 25.527 acre tract of land conveyed to John B. Foster as recorded in Volume 15662,Page 414, Tarrant County Deed Records, said point being in the west line of Interstate Highway 820(variable width right-of-way), from which a TX DOT monument found for corner bears South 14 degrees 42 minutes 50 seconds West, 852,79 feet; EXHIBIT A DETENTION POND EASEMENT SHEET 2 OF 3 THENCE North 89 degrees 35 minutes 53 seconds West, 635.00 feet with the north line of said 14.383 acre tract and with the south line of said 25.527 acre tract to a one-half inch iron rod found for corner,being the northwest corner of said 14.838 acre tract; THENCE South 14 degrees 51 minutes 37 seconds West, 182.87 feet along the west line of said 14.838 acre tract to the POINT OF BEGINNING; THENCE East, 105.98 feet to a point for corner; THENCE South 14 degrees 51 minutes 37 seconds West, 164.87 feet to a point for corner; THENCE North 75 degrees 08 minutes 23 seconds West, 102.43 feet to a point for corner,being in the west line of said 14.838 acre tract; THENCE North 14 degrees 51 minutes 37 seconds East, 137.70 feet along the west line of said 14.83`8 acre tract to the POINT OF BEGINNING and containing 15,496 square feet or 0.356 acre of land. OF G�q�{7y�ty � e®eesaQaeeeso'®ei.s•O• •• WILLIAM•J. JOHNS dl g EXHIBIT A DETENTION POND EASEMENT SHEET 3 OF 3 JOHN B. FOSTER ��2• VOL 15662, PG. 414 IRF /� 1/2' CIRF-JBI N69ZW53'W 635.00' P.V.C. N o (TRACTS TRACT 2 TRACT 1 w 1 & 2)' 15,496 S.F. 10.346 AC.. W E EAST .356 AC. EasT (TRACT 2) MY P.O.B. (TRACT 1) 2�� Nag ? O 43' gp-• N O ( =o �'� o�oo c r co �L D c < 1 A >C) / fn V /� { I I O J T O D J O S I 1 Z o O ti tl/ N V! LOT 1, BLOCK A �Q WYNHAVEN AT WESTPOINT m D CAB. A, SLIDE 12389 m -n _ OWNER / C) =100 WESTPOINT DFW APARTMENTS A `'' LIMITED PARTNERSHIP TXDOT o DOC. NO. D207414790 ON D O A D / m-4 D :<O I Z N D O I m 'J 1/2. 820/30INTERCHANGE, CIRF LTD. 'JBI' TRACT THREE 1/2• ROC. N0. D204389104 I rr r��— _—— CIRF 1 � r r 3/4- CIRF r 820/30 INTERCHANGE, LTD. r TRACT ONE ' r DOC. NO. D204389104 r r r I r r r r G1ST�,q�. r _- ........... e.u. WILLIAM J. JOHN TUMBLEWWED TR AIL ...e............°..° . (80 R O.W, 3Ljb-�54. PG. 8) (GENERq$TPQINT BOU(EVARD P`�°°��Q PJQ7 RECOGNIZED N � LfC NO RECORD FOUND)O) ROAD, °��� 'a$1• SCALE: DATE DRAWN PROJECT 1" = 200' 1/16/08 WJJ TCRO09 Wa W:% LODZ/eWu-4-0 fob*q-4 xa RU-1d Ad ao*a LWZ/azlu ALL+u wes U"Uf xe WOS 6µn'lYGODWAW\600W.\W9 AU:6w 04 CCU Sz? CEN7ERL E�F IN1ER ras it .� S� Mi ESp J W W C ! JLL za w�� O, Z -� Z , `o NW¢ 82 � o 0 n SS me FR " m �3 � e ti o $Re 5 me l�► m� Re: frn'w5g. � am t n_ m xe �` m m _ S LLJ mit 0 e a r< a e " � w m i $ � gsmk . a j tibia` �s ILL @ €s' �a a y�gg ash $ aE � s's� m � is .9 Mai is rills :gum.U�a sa� aS 2Ti as. �$°6 ZiiSEEe '� �, J Exhibit "C" CITY OF FORT WORTH STORM WATER FACILITY OPERATION AND MAINTENANCE PLAN The only responsibility the City of Fort Worth has in the operation and maintenance of this Facility is inspection. General Maintenance Procedures The structural and functional integrity of the Facility shall be maintained at all times by removing and preventing drainage interference, obstructions, blockages, or other adverse effects into, through, or out of the system. Periodic silt removal shall occur when standing water conditions occur or the pond's storage volume is reduced by more than 10%. Silt shall be removed and the pond/basin returned to original lines and grades shown on the approved engineering plans. In addition, corrective measures are required any time a basin does not drain completely within 72 hours of cessation of inflow. NO STANDING WATER IS ALLOWED in basins designed for dry detention purposes. Accumulated litter, sediment, and debris shall be removed every 6 months or as necessary to maintain proper operation of the basin. Disposal shall be in accordance with federal, state and local regulations. Detention facilities shall be mowed monthly between the months of April and October or anytime vegetation exceeds 12-inches in height. To prevent debris from entering and clogging the downstream storm sewer system a wire mesh screen or similar screening device shall be installed over the outlet until final acceptance. 4. PREVENTIVE MAINTENANCE/INSPECTION ® Visual inspections of all components will be conducted every 6 months. ® A log shall be kept of maintenance actions, and inspections. The log should document the condition of the detention system's primary components, mowing, and silt, litter and debris removal dates. Document aeration of the basin bottoms and replanting to prevent the sealing of the basin bottom. ® Written maintenance and repair records shall be maintained by the party or parties signing the attached Agreement and shall be provided to the City upon request. STORM WATER FACILITY MAINTENANCE AGREEMENT 8 Rev.01/09/2007 Exhibit "D" Storm Water Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED MADE NOTES Mowing Remove Trash and debris Inspect irrigation system operation Remove grass clippings Violations Noted MINOR INSPECTION Condition of Pond Amount of silt in pond Amount of silt in flume Amount of ponded water Amount of wetland vegetation Location of Erosion Percent of vegetation Condition of trash guard Location of Erosion MAJOR INSPECTIONS Condition of Storm Water Quality Structure Type of Storm Water Quality Structure Structure type and Condition Condition of Rip- STORM WATER FACILITY MAINTENANCE AGREEMENT 9 Rev.01/09/2007 Rap Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORM WATER FACILITY MAINTENANCE AGREEMENT 10 Rev.01/09/2007 Ad WL LOWgilll nM lqd"dl Fq w1WId wr my 4.wsll,k: —s d qq As Pads-P•1dB0 .\fW\BOOtlO :6 g el C) ij .. �8a a �FgEa z < Z J 8 Mas 8 '�� Nam- �� � 2 8 •a a pp�•' �� 6"ggg Sy$ EM1.& �n $ o�E $ar€ 3 gwo e • g Z ydp g 88 7iI 8• c^a" 65 figE �s$ 2fr$= n€aa �a aE e@H,@'1€SES °211'n3inoe 1NWd(g °LE 1RN rr 3Hn Haivw �k i z E'ry tJf i f _____ �.----------- �--------- r H -- §� 3Hn Hoiv 4.. ..----'---- 'i��� 41 __-� J__ �d�„•+.augm mar y3Kres (/I rJ Irr rl I r`I1 JIIg�`( r`r 'rJ I rl ' rr r r N i t7 Re it 8 �I 1 0 IC r I JI rl I { r 1 f r r fIII! 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DISCUSSION: The maintenance agreement is necessary to assure proper maintenance of two storm water facilities by the owner, Westpoint DFW Apartments Limited Partnership. The maintenance will occur at no cost to the City. The storm water facilities will serve the Wynhaven At Westpoint Addition. The facilities are necessary to limit storm water run-off generated in the subdivision to pre-developed conditions, and to reduce the possibility of flooding to residents downstream of the watershed. The facilities are located west of West Loop 820, and north of Westpoint Boulevard. The facility is located in COUNCIL DISTRICT 7, Mapsco 72D. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office b Fernando Costa (8476) Originating Department Head: A. Douglas Rademaker (6157) Additional Information Contact: Willie F. Ingram (6645) http://www.fortworthgov.org/council_packet/Reports/mc_print.asp 3/5/2008